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Circuit Commercial Courts guide: Appendix D – Pre-trial Check List

[Title of Case]

Where a Pre-trial Review has been ordered, this check list must be filed with
Mercantile Listing not less than 7 days before the Pre-trial Review, and copies served
on all other parties. Where a Pre-trial Review has not been ordered, it must be filed
and served not less than 6 weeks before the trial date . See paragraph 8.2 of the
Mercantile Courts Practice Direction.

a.Trial Date:
b.Whether Pre-trial Review ordered:
c.Date of Review:
d.Party lodging:
e.Solicitors:
f. Advocate(s) for trial:
g. Date lodged:
[Note: this checklist should normally be completed with the involvement of the
advocate(s) instructed for trial.]

1. Have all the directions made to date been carried out?

2. If not, what remains to be carried out? When will it be carried out?

3. Do you intend to take any further steps regarding:
(i) statements of case?
(ii)disclosure?
(iii) witnesses and witness statements?
(iv) experts and expert reports?
If yes in any case, what and by when?

4. Will the preparation of trial bundles be completed not later than 3 weeks before
the date fixed for trial? If not, what is the position?

5. What witnesses of fact do you intend to call?

6. (Where directions for expert evidence have been given) what experts do you
intend to call?

7. Is any interpreter needed: for whom?

8. If a Pre-trial Review has not been ordered, do you think one would be useful?

9. What are the advocate(s)’ confirmed estimates of the minimum and maximum
lengths of the trial? A confirmed estimate signed by the advocate(s) and dated must
be attached.

10. (i) Might some form of alternative dispute resolution now assist?
(ii) Has the question been considered with the client?
(iii)Has the question been explored with the other parties to the case?

[Signature of party/solicitor]